The husband and wife have been separated for 6 years, what should I do about the divorce procedures

First, if both parties agree to divorce, then they can go to the marriage registration office where either party's household registration is located to go through the divorce registration formalities. According to article 31 of the Marriage Law, divorce shall be granted if both a man and a woman divorce voluntarily. Both parties must apply for divorce at the marriage registration office.

A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

At the same time, according to Article 11 of the Marriage Registration Regulations, Mainland residents who apply for divorce registration shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

Article 13 stipulates that the marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued.

Second, if one party wants to get a divorce. The other party does not want a divorce. Then the party who wants to divorce can unilaterally go to the court to sue.

According to Article 32 of the Marriage Law, if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

At the same time, since the parties have been separated for six years, the court will uphold the prosecution's claim. According to paragraph 4 of Article 32 of the Marriage Law, if the parties have been separated for two years due to emotional discord, the court may grant a divorce to both parties.

Divorce Registration Procedures:

1) If a man and a woman divorce voluntarily and reach an agreement on child support and property disposal, both parties must go to the marriage registration office where one of the parties is registered for divorce registration in person. When applying, you should present a certificate of resident status or household registration and a "Marriage Certificate". The marriage registration authority ascertains that the situation is true, approves the registration, issues a "Divorce Certificate", and withdraws the "Marriage Certificate".

2) If one of the men and the woman requests a divorce, or both parties request a divorce but no agreement is reached on child support and property disposal, the marriage registration authority will not accept the application.

Both parties agree to divorce and go directly to the divorce.

Go to your local marriage registry office.

Couples have been separated for 6 years and divorce can be done as follows:

1. If the husband and wife divorce by consensus, both parties shall jointly go to the marriage registration office of the Civil Affairs Bureau at the place where either party is registered for divorce. The issuance of a divorce certificate dissolves the relationship between husband and wife;

2. If the husband and wife cannot reach an agreement through negotiation, one party shall sue for divorce in the court. When suing for divorce, it is necessary to provide evidence to prove the fact that the husband and wife have been separated for six years. If it is found to be true, the court will grant the divorce.

What are the conditions for divorce processing:

1. The parties to the divorce registration must be legal couples who have registered their marriage in Chinese mainland;

2. Both parties must divorce voluntarily;

3. Both parties must have full capacity for civil conduct;

4. The parties have reached an agreement through negotiation on matters such as child support, property and debts;

5. The household registration of one or both parties is the permanent residence of the jurisdiction;

6. Both parties applying for divorce registration must apply for divorce registration at the marriage registration authority where one party has a permanent residence at the same time, and may not entrust another person**.

[Legal basis].Article 1076 of the Civil Code of the People's Republic of China.

Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and personally go to the marriage registration office to apply for divorce registration.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, financial and elderly assets, and debt handling.

Article 1077.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078.

If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt disposition, they shall register and issue a divorce certificate.

A husband and wife can file a no-fault divorce after three years of separation, and if one party has committed wrongdoing, the other party can file for a fault-based divorce.

Three years of separation between the husband and wife is a legal ground for divorce, in which case the parties can initiate a no-fault divorce, i.e. there is no need to specify who is at fault. If one of the spouses is at fault, the other spouse can also file for a faulty divorce. In the case of no-fault divorce, the husband and wife need to reach a consensus on issues such as property division and child support, and sign an agreement, which will take effect after being reviewed by the people's court.

If the parties cannot reach an agreement, or the agreement does not comply with the law, a lawsuit can be filed with the people's court, and the court will make a judgment. In the case of a divorce with a fault, it is necessary to specify the specific wrongdoing, such as abuse, domestic violence, bigamy, etc., and the other party shall bear the corresponding responsibility, such as alimony expenses, maintenance expenses, etc. It should be noted that the party who initiates a faulty divorce must have the corresponding evidence to support his claim, otherwise the court may not accept it.

If the husband and wife have been separated for less than three years, can they get a divorce? If the husband and wife have been separated for less than three years, they can obtain a divorce by way of litigation or agreement, provided that the wrongdoing is specified. If the fault cannot be identified or an agreement cannot be reached, a no-fault divorce can also be filed after three years of separation.

Three years of separation between husband and wife is a legal ground for divorce, but it is still necessary to choose the appropriate divorce method according to the specific circumstances. If it is a no-fault divorce, it is necessary to reach a consensus and sign an agreement; If there is a faulty divorce, you need to have the appropriate evidence to support your claim. It is recommended that before the divorce, the spouses should properly handle all property and child support issues to avoid unnecessary disputes and disputes.

[Legal basis].

Article 932 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the reasons for filing the lawsuit shall be explained and evidence provided. The husband and wife may divorce by written agreement and apply to the people's court for confirmation. If the party who is not at fault agrees to the divorce, it shall be granted.

Legal Analysis: Separation for three years is not an automatic divorce. There are only two types of divorce in China: litigation divorce and agreement divorce, and there is no automatic divorce.

If you really want to divorce, both parties can reach a divorce agreement and go to the marriage registration office to register the divorce. If the two parties cannot reach an agreement, they may file a lawsuit for divorce in the people's court.

[Legal basis].

Civil Code of the People's Republic of China

Article 1076:Where both husband and wife voluntarily divorce and marry, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Cover the sails.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.